A Confoundingly Opaque Supreme Court

Limda Greenhouse comments on the new Supreme Court term that is “so confoundingly opaque.”

“In the space of eight days, the justices managed to touch on American society’s hottest of hot-button issues: same-sex marriage, access to the polls, and finally – inevitably – abortion, and all without actually issuing an opinion. Review denied, stays granted, stays lifted, news-making orders appearing randomly at odd hours from an institution usually so predictable in its schedule that you can set a clock by its yearly calendar. What on earth is the court doing and what – with saying hardly a word – is it telling us?”

“I can’t pretend to have come up with a grand theory to explain the court’s behavior. I actually doubt that there is a grand theory. Rather, I suspect that there’s something more prosaic going on: justices acting from different motivations and happening to coalesce around outcomes that serve a current purpose but that are in no one’s particular interest to explain. Explanations, after all, may bind. Silence keeps options open.”

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